Preston v. City Of Oakland et al

Filing 161

AMENDED FINAL VERDICT FORM. Signed by Judge Nathanael Cousins on 9/21/15. (nclc3, COURT STAFF) (Filed on 9/21/2015)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 DARYELLE LAWANNA PRESTON, Plaintiff, United States District Court Northern District of California 11 12 13 14 Case No. 14-cv-02022 NC VERDICT FORM v. CITY OF OAKLAND, Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.14-cv-02022 NC 1 The jury must unanimously agree on the answer for each of the following questions; 2 please put an “X” next to the jury’s unanimous answer for each question: 3 California Labor Code 4 1. Did Preston prove by a preponderance of the evidence that she disclosed 5 and/or refused to participate in an act that she reasonably believed violated a 6 state or federal law? 7 Yes _____ No _____ 8 If you answered “Yes” to question 1, then answer question 2. 9 If you answered “No” to question 1, please skip to bottom, answer no further 10 United States District Court Northern District of California 11 questions, and have the presiding juror sign and date this form. 2. Did Preston prove by a preponderance of the evidence that her disclosure of 12 information and/or refusal to participate in these activities was a contributing 13 factor in the City of Oakland’s decision to discharge Preston? 14 Yes _____ No _____ 15 If you answered “Yes” to question 2, then answer question 3. 16 If you answered “No” to question 2, please skip to bottom, answer no further 17 questions, and have the presiding juror sign and date this form. 18 3. Did Preston prove by a preponderance of the evidence that she was harmed? 19 Yes _____ No _____ 20 If you answered “Yes” to question 3, then answer question 4. 21 If you answered “No” to question 3, please skip to bottom, answer no further 22 questions, and have the presiding juror sign and date this form. 23 24 25 26 27 28 Continued on page 3 Case No. 14-cv-02022 NC 2 1 4. Did Preston prove by a preponderance of the evidence that Santana’s conduct, 2 acting on behalf of the City of Oakland, was a substantial factor in causing 3 Preston’s harm? 4 Yes _____ 5 If you answered “Yes” to question 4, then answer question 5. 6 If you answered “No” to question 4, please skip to bottom, answer no further 7 questions, and have the presiding juror sign and date this form. 8 No _____ 5. Did the City of Oakland prove by clear and convincing evidence that it would have discharged Preston, for legitimate, independent reasons, absent her 10 disclosure and/or refusal to participate in an act she reasonably believed 11 United States District Court Northern District of California 9 violated state or federal law? 12 Yes _____ No _____ 13 If you answered “Yes” to question 5, please skip to bottom, answer no further 14 questions, and have the presiding juror sign and date this form. 15 If you answered “No” to question 5, then answer question 6. 16 6. What are Preston’s damages against the City of Oakland? 17 a. Past lost earnings $_________________ 18 b. Future lost earnings $_________________ 19 c. Future pension plan benefits $_________________ 20 d. Emotional distress damages $_________________ TOTAL: 21 $_________________ 22 23 24 25 Signed: _______________________ Dated: __________________ Presiding Juror 26 27 28 After this verdict form has been signed, notify the courtroom deputy that you are ready to present your verdict in the courtroom. Case No. 14-cv-02022 NC 3

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